Judge rules against Rockford Police Chief Chet Epperson

ROCKFORD — Judge Eugene Doherty on Thursday denied Rockford Police Chief Chet Epperson’s request for a temporary restraining order in his fight with the union.

The ruling means the union can proceed with its disciplinary complaint against the chief. The complaint is scheduled to be heard by the Fire and Police Commissioners on July 21.

Thomas McGuire, Epperson’s lawyer, argued in court that commissioners do not have authority to hire, fire or discipline the chief, and they should not consider the union’s complaints.

McGuire portrayed the union’s complaints as a power play for control over the police department. But McGuire acknowledged his argument — that Mayor Larry Morrissey has sole legal authority over the chief with advice and consent of the Rockford City Council — raises questions about how Epperson was named chief.

McGuire said by ordinance the chief should be appointed by the mayor with the consent of the City Council. If there was a mistake made in how Epperson was named chief, he still remains police chief under legal precedent, McGuire said.

“That gets to the issue of what if the mayor did not lawfully appoint my client, the chief of police, to his office ... is he the chief of police?” McGuire said. “As a matter of law, the answer is yes.”

Only the “appointing authority,” McGuire argued, has legal standing to discipline the chief of police.

Dan McGrail, lawyer for the Police Benevolent & Protective Association Unit 6, said the arguments over whether commissioners have jurisdiction over the chief was an attempt to prevent a full hearing over the union’s complaints about Epperson’s conduct.

“There is no dispute that the police and fire commission appointed this chief,” McGrail said. “This entire proceeding is just a distraction to keep us from getting to the truth.”

McGrail said for decades the commission has appointed the police and fire chiefs of Rockford and questioning it was akin to questioning the sunrise. He read minutes from the April 2006 Rockford City Council meeting in which Morrissey thanked the commission for appointing the chief.

An April 11, 2006, Rockford Register Star news story called it a promotion, not appointment. The story said the commission voted 2-1 to promote Epperson, then a 26-year Rockford police veteran, to the rank of chief.

Judge Doherty was incredulous that neither side could produce a document that clearly stated Epperson’s appointment and by what authority.

“This is an odd thing to argue and not grab hold of,” Doherty said.

Doherty later ruled that Epperson “failed to show that the mayor, as opposed to the Board of Commissioners, has the power to hire and to discharge a chief of police. Plaintiff has an adequate remedy at law, as the actions of the Board of Commissioners are all subject to judicial administrative review.”

All the legal wrangling stems from an October incident at the home of NAACP Rockford Chapter President Lloyd Johnston in which officers were asked to conduct a welfare check on his adult son.

Johnston refused to allow the officers into his home, calling Epperson while the officers were on his porch. Johnston complained about the officers’ conduct and refusal to say why they were asking for access to his house.

Officer and union President Terry Peterson said Epperson’s advice to Johnston to not allow officers access and assertion he would send in a supervisor undermined his officers and potentially endangered residents.

Morrissey has defended the chief saying his actions defused a potentially volatile situation and led to the incident’s peaceful resolution. No arrests were made.

Union officials have asked the commission to review the chief’s actions. But Epperson has fought against a formal review saying the commission does not have the authority to bring such an action and that the proper venue for its complaints would have been a labor grievance under the collective bargaining agreement.

Jeff Kolkey: 815-987-1374; jkolkey@rrstar.com; @jeffkolkey

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